Regaining Control of Our Borders

H.R. 4437: the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

The following provisions are included in the House-approved version of H.R. 4437:

Securing U.S. Borders

• The Department of Homeland Security and the Department of Defense (DOD) are directed to develop a joint strategic plan that will provide the Border Patrol with military support and increased use of DOD surveillance. 
• The Department of Homeland Security (DHS) would hire and train additional border patrol agents and increase the number of U.S. Customs and Border Protection personnel to our international borders that have a high level of illegal entry.
• DHS would also be required to enhance information sharing between two national fingerprint databases and to collect all fingerprints during the immigrant’s initial enrollment in the entry and exit system.

Illegal Entry

• Smuggling offenses, illegal entry and reentry crimes would be considered aggravated felonies.
• It would be a federal crime to be in the U.S. illegally as well as to overstay a visa.
• The voluntary departure process would be modified to provide incentives for illegal immigrants to depart under the terms of the voluntary departure order by imposing a penalty of $3,000 on those who fail to leave the U.S.  It would also impose a ten-year moratorium on reentry.

Detention and Removal

• Illegal immigrants that are apprehended at or between ports of entry will face mandatory detention beginning on October 1, 2006.
• Expedited removal will be imposed on all illegal immigrants in the U.S. who are apprehended at or between an international land border or within 100 miles of the border.

Terrorists and Criminal Aliens

• Illegal immigrants that are deportable on terrorist grounds will be prohibited from using immigration laws to delay their removal.  Terrorists would also automatically be ineligible for immigration benefits, including naturalization and voluntary departure.
• Illegal immigrants who fail to depart when ordered removed, obstruct their removal, or who fail to comply with the terms of release pending their removal will be sentenced to increased penalties and mandatory minimum and maximum sentences.
• Illegal immigrants who are convicted of three or more drunk driving offenses will be deported.
• Sheriffs in twenty-nine specified counties along the southern border of the U.S. would be authorized to transfer illegal immigrants they have arrested into federal custody.

Employment Eligibility Verification

• DHS would be required to establish and administer a verification system that would respond to inquiries concerning whether an individual is legally employable. 
  • Employers would be required to participate in a pilot program for this system within two years after the enactment of this Act.
  • Employers who are noncompliant will face penalties.

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